A hearing was held on June 18,2012;it began precisely at 9 am Eastern Time in Leon County,Florida in the Court of Judge Terry Lewis to decide whether Obama would appear on the ballot in November and whether the lawsuit filed by Mr. Michael Voeltz (a lifelong Democrat) should be dismissed with prejudice. The same Judge who heard the famous Bush V. Gore (ultimately decided by the Supreme Court of the United States),heard this matter. This famous case was started in his courtroom at the circuit court level where Judge Lewis presided in 2000 over Florida election statutes as well.
Speaking for the plaintiff was Larry Klayman;his opening statement quoted John Adams,our second President:“We are a Nation of Laws,not Men.” (framing the question for the court,the state of Florida and the Nation in his first utterance.) Mr. Klayman outlined that Florida election law does not operate in a vacuum but in concert with the Constitution of Florida,the United States,and our respective legislature(s). He showed that each party’s obligations and interests must be read in concert with one another.
This was in stark contrast to Obama’s attorneys and the attorney for Florida’s Secretary of State,who attempted to narrow the issues for the court and Judge Lewis. The basis for their argument was that since Obama was not in fact “nominated” by the Democratic Party and would not be until September,this action in this court was not ripe and should be dismissed with prejudice. Their argument was supposedly based on Florida Statute Chapter 103.101,which in their view states that since the election held last February was a “Presidential Preference Primary” election and that Obama ran un-opposed that he in fact was not “nominated” by the Democratic Party and therefore the action in this court was premature.
To dispense with some of the more technical issues,which will be discussed shortly,a synopsis will be presented first.
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